Minneapolis, MN 55402-3707
Phone: 612.333.3000
Fax: 612.333.8829
Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Press Releases
Minnesota Court of Appeals Reverses Insurance Subrogation Ruling
Date: Nov 31, 2005 — Minneapolis, MN
The Minnesota Court of Appeals recently reversed the district court's ruling in an insurance subrogation matter involving the application of the collateral source statute.
Plaintiff was injured in an automobile accident and her insurer paid medical expenses as a result of the accident. The jury’s award included amounts for all of the medical bills paid by the insurer. The jury also found both the plaintiff and defendant tortfeasor to be 50% at fault for the accident.
After trial, defendant tortfeasor filed a motion for determination of collateral sources pursuant to Minn. Stat. § 548.36. Defendant argued that payments made on behalf of plaintiff by the insurer should be offset from the verdict amount because the insurer had failed to assert a subrogation claim in a timely manner. While defendant's counsel was aware of the medical insurer's subrogation interest at the time of the collateral source hearing, defendant claimed that earlier notice was required. The trial court agreed with defendant and held that the medical insurer had "waived" its subrogation claim.
The Court of Appeals reversed, concluding that the collateral source statute does not require that the subrogation right be asserted in any particular manner and that, for purposes of the collateral source statute, an asserted subrogation right is one that has not been waived. The Court determined that the insurer had not waived its right to subrogation because defendant had knowledge of the insurer’s potential subrogation claim and Medica asserted its subrogation rights directly to defendant tortfeasor in a timely manner.
Bassford Remele Shareholder Kevin P. Hickey successfully represented the medical insurer in this matter.
Kahnke v. Green, 695 N.W.2d 148 (Minn. Ct. App. 2005). Link to Minnesota Court of Appeals Opinion
Bassford Remele, A Professional Association, is a full-service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation. The Bassford firm is a community of experienced and committed trial lawyers who embrace a professional approach to the practice of law, providing the highest level of legal expertise and advice.